Housing (Scotland) Act 2010

Managerial appointment

57Appointment of manager for housing activities

(1)This section applies where the Regulator, having made inquiries or otherwise, considers—

(a)that a social landlord is, or is at risk of, failing—

(i)to achieve a standard or an outcome set out in the Scottish Social Housing Charter,

(ii)to meet a performance improvement target,

(iii)to implement an approved performance improvement plan, or

(iv)to comply with an enforcement notice, and

(b)that a person needs to be appointed in order to ensure that the social landlord provides housing services to an appropriate standard.

(2)The Regulator may appoint, or require the social landlord to appoint, a manager—

(a)to manage its housing activities generally, or

(b)to manage particular aspects of those activities.

(3)Before appointing or requiring appointment of a manager for a local authority or a local authority landlord, the Regulator must—

(a)consult—

(i)the local authority or local authority landlord,

(ii)such bodies representing local authorities as it thinks fits, and

(iii)the Accounts Commission for Scotland, and

(b)have regard to views expressed by those consulted by such time as the Regulator may specify.

58Appointment of manager for financial or other affairs

(1)This section applies where the Regulator, having made inquiries or otherwise, considers that a person needs to be appointed in order to ensure that the registered social landlord manages its financial or other affairs to an appropriate standard.

(2)The Regulator may appoint, or require the registered social landlord to appoint, a manager—

(a)to manage its financial and other affairs generally, or

(b)to manage particular aspects of those affairs.

59Appointment of manager: supplementary

(1)It is for the Regulator to determine the terms on which a manager is to be appointed under section 57 or 58 (including as to period of appointment and remuneration and expenses).

(2)It is for the social landlord to pay the manager’s remuneration and expenses.

(3)A manager has—

(a)general powers to do anything required to perform the manager’s functions (including power to enter into agreements or do anything else which the social landlord has power to do), and

(b)such specific powers as the Regulator may specify.

(4)But a manager must comply with any direction by the Regulator about the performance of the manager’s functions (and may be removed on failure to so comply).

(5)A manager acts as the social landlord’s agent and is accordingly not personally liable on an agreement entered into as manager.

(6)Anyone dealing with a manager in good faith and for value need not inquire whether the manager is acting within the powers conferred by virtue of this section.